23
arbitrary decisions.85 In such sense, the reasons given for a judgment must show
that the arguments by the parties have been duly weighed and that the body of
evidence has been analyzed. Moreover, a reasoned decision demonstrates to the
parties that they have been heard and, when the decision is subject to appeal, it
affords them the possibility to argue against it, and of having such decision reviewed
by an appellate body.86 On account of all the foregoing, the duty to state grounds is
one of the “due guarantees” included in Article 8(1) to safeguard the right to due
process.
79.
The Commission alleged that the CORJS “did not review the description [as an
inexcusable judicial error], but just 'confirmed' [the] decision” adopted by the CPAM.
The Commission considers that “[t]he insufficient grounds concerning the description
of the infringement show that […] the [judges’] conduct was not described as a
disciplinary matter of unlawful conduct”, nor “[was] their suitability to hold office
assessed.” It also underscored that “the defective grounds did not provide sufficient
elements to quantify the sanction.” The Commission indicated that in the instant
case there was “a reasonable and reasoned difference of possible legal
interpretations concerning a particular procedural definition,” for which reason
“removal from office in the instant case due to [an inexcusable judicial error] is
contrary to judicial independence, as it undermines the right of judges to decide
freely according to law.” In such sense, “the judges were not tried for their
disciplinary conduct, but for the legal interpretation they endorsed in the judgment.”
80.
The representative argued that “the CORJS did not allow the victims […] to
produce evidence and that it did not state the grounds justifying the decision
whereby it removed them from office.” Likewise, he indicated that regarding the
description of the inexcusable judicial error “there was no possible defense”, bearing
in mind that “[t]here was no defense before the [CPAM…], for the victims in the
instant case were neither parties nor given notice thereof, and there could not be a
defense in the CORJS […], for this ‘matter had already been decided by the [CPAM].’”
The representative alleged that “in said ruling the Commission failed to determine
the scope of the ‘inexcusable judicial error’ and to explain why said facts would be
grounds for removal from office, which is the highest administrative sanction.”
81.
The State contended that the victims were notified that an investigation
against them had been commenced by the IGC and that they did not exercise their
“right to defense” at that stage. Furthermore, it pointed out that “all the members of
the First Court […] submitted their written defense” before the CORJS. The State
added that it is an “error […] to confuse the same grounds with no grounds at all, for
when a jurisdictional body delivers a decision adopting the same criteria employed in
another decision by another jurisdictional body […] it has reaffirmed such grounds,
rather than delivered a groundless decision.”
82.
As it was pointed out, the CPAM determined in a judgment that an
inexcusable judicial error had been made and forwarded its ruling to the IGC. During
the public hearing before the Court the then active Inspector General de Tribunales
85
Cf. Case of Yatama, supra note 63, paras. 152 and 153, and Case of Chaparro Álvarez and Lapo
Íñiguez, supra note 83, para. 107. Likewise, the European Court has pointed out that the judges must
indicate with sufficient clarity the reasons for which they adopt their decisions. Cf. Hadjianstassiou v.
Greece, judgment of 16 December 1992, Series A no. 252, p. 8, § 23.
86
Cf. Suominen v. Finland, supra note 84. In its turn, the Human Rights Committee considered that
the absence of a reasoned judgment of the Court of Appeal was likely to prevent the author from
successfully arguing his petition before a higher court, thus preventing the availability of a further remedy.
United Nations, Human Rights Committee, Case of Hamilton v. Jamaica, Communication No. 333/1988,
CCPR/C/50/D/333/1988, March 23, 1994.